Waters v. Spencer
Supreme Court of Alabama
Error to the Circuit Court of Tuskaloosa. Tried before the Hon. GIeo. D. Shortridge. This was an action of assumpsit, by the defendant in error against the plaintiff, to recover certain moneys alleged to have been paid by the plaintiff’s intestate, in part execution of a contract for the purchase of the premises known as the Bell Tavern in the city of Tuskaloosa.
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Error to the Circuit Court of Tuskaloosa. Tried before the Hon. GIeo. D. Shortridge. This was an action of assumpsit, by the defendant in error against the plaintiff, to recover certain moneys alleged to have been paid by the plaintiff’s intestate, in part execution of a contract for the purchase of the premises known as the Bell Tavern in the city of Tuskaloosa. All the evidence is set out in the bill of exceptions, from which it very clearly appears that a contract for the sale of said premises by Waters to Donalson was entered into, and that the money sued for was paid by the latter to…
1Opinion of the Court
CHILTON, C. 3.
It is unnecessary that we notice each of the charges which were refused and those given by the court separately, as the general view which we take of the law applicable to the case will dispose of them.
The bill of exceptions sets out all the proof; and it is the settled rule, that the charges must be construed with reference to the proof upon which they are predicated. It is also required of every plaintiff, to make out his case by evidence sufficient to satisfy the jury who are to pass upon it, of the truth of the material facts alleged by him of an affirmative nature, and upon…
2Cases cited6 opinions
- Kenan v. HollowaySupreme Court of Alabama · 1849
- Carlisle v. HillSupreme Court of Alabama · 1849
- Yarborough v. MossSupreme Court of Alabama · 1846
- Cothran v. MooreSupreme Court of Alabama · 1840
- Nabors v. CampSupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Chandler v. WilderSupreme Court of Alabama · 1926
- Donaldson's Adm'r v. Waters' Adm'rSupreme Court of Alabama · 1857
4 more not listed; retrieve them via the Exa API.